Pork Council testifies at WOTUS hearing

WASHINGTON — The National Pork Producers Council recently provided testimony to the U.S. Environmental Protection Agency seeking a revision in the agency’s waters of the United States rule.

NPPC’s testimony from Michael Formica, chief legal strategist, urged that the WOTUS rule is consistent with the U.S. Supreme Court’s instruction on the scope of the Clean Water Act’s jurisdiction. Additionally, NPPC also joined in WOTUS-related comments by the Waters Advocacy Coalition, of which NPPC is a founding member.

In May 2023, the Supreme Court limited EPA’s authority over waterways, holding that under the CWA, WOTUS “refers only to geographical features that are described in ordinary parlance as streams, oceans, rivers and lakes, and to adjacent wetlands that are indistinguishable from those bodies of water due to a continuous surface connection,” said Chad Smith in NPPC’s Capital Update.

“Despite that decision, the Biden administration retained jurisdictional categories outside the Supreme Court’s definition and included preamble language and guidance memoranda, making the regulation overly broad.”

The 2023 Biden WOTUS rule attempted to reverse the prior rule issued by the first Trump administration and reinstate previous WOTUS definitions.

Following the May 2023 Supreme Court decision in Sackett v. EPA, the Biden administration issued a “conforming rule,” which deleted specific language to comply with some parts of the court’s opinion but allowed other portions of the rule to remain. Specifically, while some farm ditches would be excluded, ditches and fields on other farms might be included.

In both its written comments and oral testimony to EPA, NPPC noted that pork producers have been concerned about EPA’s overreach in defining WOTUS, including past efforts by prior administrations to expand federal jurisdiction over private property to capture remote drainage features, ditches, and ephemeral waterways — and millions of acres of wet spots or farmed wetlands in fields.

“The time is now right for the (current EPA) to take action, listen to stakeholders, and develop a durable definition to WOTUS that will last for decades,” NPPC stated.

The WOTUS rule spells out the limits of federal jurisdiction over waterways and wetlands under the CWA. For pork producers, an expansive definition of WOTUS that includes farm fields and ditches would lead to significant increases in regulatory and activist pressure and take away the freedom of farmers to farm, according to NPPC.

Withdrawn

NPPC’s Capital Update also reported the U.S. Department of Agriculture’s Food Safety and Inspection Service withdrew from “a problematic Salmonella Framework for Raw Poultry Products, a proposal that could have been used as a template for a similar framework for pork products.”

In comments submitted in January, NPPC raised concerns about the scientific validity and the practicality of the proposal, noting that FSIS was proposing changes to its existing performance-standards approach to salmonella despite acknowledging they are effective in reducing salmonella contamination in poultry products.

“NPPC appreciates FSIS listening to our food safety concerns and withdrawing its proposed ‘Salmonella Framework for Raw Poultry Products,’ said Ashley Johnson, NPPC’s director of Food Policy.

“This is an important step in recognizing the need for a more scientific approach to salmonella testing, and NPPC will continue to work with FSIS to ensure thorough food safety testing.

According to NPPC, consumer health and safety is at the forefront of the pork industry’s practices. Salmonella continues to be a high priority for the pork industry as it implements strategies and looks for improved way to address the bacterium.

Confirmation Hearing

NPPC expressed its support of the nomination of Luke Lindberg, President Trump’s nomination to be USDA’s Under Secretary for Trade and Foreign Agricultural Affairs. A confirmation hearing was held before the Senate Committee on Agriculture, Nutrition and Forestry April 30.

Lindberg currently is president and CEO of South Dakota Trade, which collaborates with local and regional agriculture groups to help the state’s producers and agricultural partners navigate the global trade landscape.

He also serves on the board of directors of the National Association of District Export Councils and as an adviser with the U.S. Global Leadership Coalition.

Lindberg was chief of staff and chief strategy officer at the U.S. Export-Import Bank during Trump’s first term.

“In addition to representing USDA in international organizations like Codex, Lindberg will play an important role in administering the agency’s international food assistance programs and be responsible for coordinating commodity procurement among various departments within USDA,” said Agriculture Committee Chairman Sen. John Boozman, R-Ark.

World Pork Expo

NPPC’s annual World Pork Expo will take place June 4-5 at the Iowa State Fairgrounds in Des Moines.

More than 20,000 visitors are expected to attend the event, which showcases pork industry innovations and new products and offers training and educational programs.